Legal Reforms of Jayasthiti Malla in Nepalese History.pptx

Jayasthiti Malla was one of the prominent Malla King in the history of Nepal. He has made a great contribution in the legal history of Nepal through formulation of Manabnyashastra, a comprehensive legal document.

1. Legal Reforms of Jayasthiti Malla Asmeeta Khadka Section A, Roll no.23 6th semester

2. Malla Period ( 1437 BS ( Jayasthiti Malla) – 1825 (Jaya Prakash Malla) ) Medieval Period in the history of Nepal tripartite politics: Karnat kingdom in Eastern Terai, Khash Malla kingdom in western region and Devmalla kingdom in the central valley were important player of the day. Influence of Dharmashastra   Malla Kings used to promulgate rules in the form of royal eddicts “ राजा रामशाहले बाँध्याको स्थिति हेरिसके , राजा जयस्थिति मल्लले   बाँध्याको   स्थिति पनि हेरिसंके , राजा महेन्द्र मल्लले बाँध्याको   स्थिति पनि हेरिसंके । ईश्वोर्ले दियो भन्या म पनि यस्ता बन्देजको बाह्र हजारको स्थति बाँधी जाला भन्या अभिलासा थियो ”- Prithvi Narayan Shah in Divya Upadesh Lasting contribution of  Jayasthiti Malla  in Nepalese legal and social history.

3. Legal Reforms of Jayasthiti Malla Primary sources of law: Dharmashastras , customs, traditions, royal edicts and sanads . Sanads were royal charters delegating judicial or administrative powers to local bodies or officials. During Lichhavi period the Smriti of Manu, Yagyavalkya and Brihaspati were in practice whereas Narada-Smriti had been the foremost sources of law in Malla period.  Jayasthiti Malla composed a comprehensive legal code covering every aspect of life of the people.  It is believed that the legal code of Jayasthiti Malla was no more than the virtual translation of Narada-Smrti.

4. Legal Reforms of Jayasthiti Malla  He made legal provisions mainly on the following subjects.  Ghar Nirnaya (law relating to housing): Formation of communities according to caste, materials that are allowed to use in roof and walls Kshetra Nirnaya (law relating to land managements): Division of Land on the basis of fertiltiy : a) Abbal, b) Doyam , c) Sim, d) Chahar, and its measurement, legal provision and dispute settlement related to irrigation Jata Nirnaya (law relating to caste system): Work division on the basis of caste Manab Nyaya Shashtra (law relating to administration of justice)

5. Legal Reforms of Jayasthiti Malla Reorganization of the society: False narrative of European historian that he introduced caste system. There were already 4 castes and 18 sub-castes during Lichhchavi period. He merely increased it to 64 sub castes by making a division on the basis of labour . Land Reforms :  He fixed the measurement of land and classified the land according to its fertility. He also allowed his subjects to sell or mortgage their hereditary land. 

6. Legal Reforms of Jayasthiti Malla Administration of Justice During Malla Period: Although Jayasthiti Malla had always been appreciated for his legal arrangements, the judicial system and organization of court made by Jayasthiti Malla is unknown. It is said that  theft and robbery were diminished as the thieves and robber were given capital punishments. His administration of justice and penal policy was based on Smrities of Manu, Yagyavalkya and Narada.  Decentralized Judicial Power:     - local level:  panchayats to settle cases    - district level: Praman(district administrator) to hear the appeal made against decision of panchayats. They exercised jurisdiction on civil cases.    - King's Court: To hear the criminal cases with the help of local village chief called Dware who was entrusted with the duty of taking cognizance of the crime at the first instance and could take the offender into his custody.          To hear appeal on the decision of Praman

7. Decentralized Judicial Power   Itachapali (criminal cases) and Kotilinga (civil cases) were the courts located at the valley. They enjoyed appellate jurisdiction upon the decision of local bodies.   Provision of visiting judges, called Chharidar appointed by the king to provide prompt justice to the people.  It was the genesis of independent judiciary or the separation of the judicial power from the executive. The duty of the execution of the judgements of the judicial bodies was entrusted to the separate body called sarbandanayak .

8. Procedure of Administration of Justice  Practice of O rdeal:   - one of the familiar methods of the collection of evidence.    - prevalent laws of the times including the Shrutis, Smritis, and Manavnyashastra also legalized the practice of ordeal particularly in the administration of criminal justice.   -  Female, infant, old men, blind, handicapped and sick were exempted from taking ordeal. Oath Taking: Taking oath in the name of God was compulsory to all the witnesses. Sometimes the witnesses had to take the oath in the name of Goddess Harisiddhi , Lord Kalbhairaba , sacred grasses, copper pieces and the holy flowers while depositing their statements. Pandit Brahmins were regarded as reliable witnesses especially in the case of theft. The judges also had to take oath in the name of holy text like Haribansa and Bhagabat Geeta immediately before hearing the cases.

9. Punishment during Jayasthiti Malla's reign Penology was derived from dharmashastra . Punishment was imposed on the basis of caste.  It is said that before Jayasthiti Malla there were only two types of punishment namely corporeal punishment ( Hastaprahar ) and reprimand of words ( Dhikdanda ).  Punishment was divided into two parts i.e., physical punishment and Arthadanda . Jayasthiti Malla annulled the custom of punishing the delinquent with beating and abusing language and in lieu of it substituted fines ( Arthadanda ). There was the extensive provision for examinations of evidence. Practice of ordeal was also legalized in criminal cases. The concept of justice according to law was developed in this period. Before that time, Nepali society was ruled according to religion. 

10. Manabnyashastra Made Law Commission for the formation of Manavnyashastra (1437 B.S.)  Drafted under the chairmanship of Kritinath Upadhaya Kanyakubja including Ragunath Jha Maithil , Shree Nath Bhatta, Ramnath Jha and Mahinath Bhatta. The member of Secretary was pandit Jaitu Verma. Originally it was in Sanskrit language and is called Nyayavikashini in Newari language.    socio-legal code which influenced by the Narada Smriti. Apart from this code he issued many legal charters and royal directives. It was translated by Dr Devraj Poudel in Nepali language in 2046 B.S.

11. Manabnyashastra The main legal provisions in Manavnyashastra can be mentioned as follows: Provision relating to debt, interest and surety. Document was divided into two parts. One is with witness and another is without witness. Things were divided into two parts-movable and immovable which can be kept as security. Witnesses were given much importance in making the document. There was provision of bailment. It was also divided with witness and without witness. We can found the provision of gift there. Marriage system was based on caste. It was divided into eight types. There was provision of remuneration in labor.

12. Manabnyashastra Provision of selling goods which were movable and immovable. King was most powerful. The duty of the king mentioned there. Provision regarding intercourse was mentioned. Divorce system also was there. Law relating to partition. Dayabhag system mentioned. Son were divided into twelve kinds and son who are come under six category had the right over their father's property. There was provision of capital punishment even in the theft, kidnapping girl, but brahmin was exempted from this punishment. Punishment was given according to caste and Hindu Dharmashastra . Punishment was divided into two parts i.e., physical punishment and arthadanda . Tit for tat system also was applied in the punishment.

13. References Rebati Raman Khanal, ' नेपालको कानुनी इतिहासको रूपरेखा '  ( कानुन , २०५९)